NFT - GENERAL TERMS AND CONDITIONS

1.1. NFT is the acronym for “non-fungible token”, a type of cryptographic token on blockchain that represents a unique digital or real asset. The main feature of NFTs is their non-fungibility that means their non-interchangeability given by a single and a non-replicable code.

Any transfer of an NFT from one subject to another is essentially irreversible and cannot be duplicated due to the use of blockchain technology.

The sale, the gift or whatsoever transfer of PRADA Non-Fungible Token (hereinafter referred to as the “NFTs”) to you through the PRADA NFTs platform named Prada Crypted which is available at the following link www.prada.com/prada-crypted (hereinafter referred to as the “Prada Crypted”) is governed by these General Terms and Conditions (hereinafter referred to as the “Terms”). Please read these Terms carefully before submitting your order to PRADA or redeem your NFT as a gift or obtain it for any further reason.

NFTs are created and available on Ethereum Blockchain, meaning the mainnet of the Layer 1 blockchain as described by the Ethereum Foundation and, if applicable, after a hard fork, any successor to such blockchain network commonly recognized by the blockchain industry as legitimate successor to the Ethereum mainnet.

This Prada Crypted is part of the Prada Crypted Discord server which is the Web3 community of PRADA in the metaverse. For further information on PRADA’s community, please visit www.discord.gg/prada.

The NFTs are sold, gifted or transferred on this Prada Crypted directly by Prada S.p.A. (hereinafter referred to as “PRADA”) which is the holding company of the Prada Group. PRADA is a company incorporated under Italian law, with registered office at via Antonio Fogazzaro no. 28, 20135 Milan (MI), Italy, tax code, VAT and filing with the Companies' Register of Milano, Monza Brianza Lodi number 10115350158, REA no. MI 1343952. For PRADA’s contact details, please refer to Section 15 of these Terms.

1.2. These Terms are exclusively reserved to consumers meaning natural persons over the age of 18 (or, if younger, only when authorised by their legal representative) (hereinafter referred to you) that purchase the NFTs or receive the NFT as a gift for having purchased a PRADA physical product during specific PRADA’s campaigns as specified on www.prada.com (e.g., PRADA Timecapsule NFT Collection). For further information on the PRADA Timecapsule NFT Collection, please consult the relevant Frequently Asked Question (hereinafter referred to as the “FAQs”) that are available on the Prada Crypted.

1.3. The use of NFTs is not limited to a specific geography, but you can only get the PRADA Timecapsule NFT Collection and other types of NFTs associated to specific PRADA’s campaigns in selected markets, as indicated in the FAQs.

1.4. These Terms and any contract related to the transfer of NFTs between PRADA and you are available in English.

1.5. The purchase, redemption as a gift or transfer of the NFTs is exclusively governed by the Terms published on the Prada Crypted and in force at the time of the relevant purchase, gift or transfer.

PRADA reserves the right to amend the Terms hereof at any time without notifying you. However, any amendments shall only be effective in respect of purchases, gift or transfer made after the date the new version of the Terms are published online.

Where the Terms are replaced with a new version, the previous version of the Terms will no longer be applicable, effective or enforceable in relation to any purchases, gift or transfer made after such previous version is removed from the Prada Crypted, also in the event such Terms are in any way accessible and/or available to the general public through other internet websites other than the one indicated above.

2.1. You are aware that NFTs are sold or gifted only during the timeframe of specific PRADA’s campaigns as specified on the Prada Crypted and www.prada.com. For further information on the participation to such PRADA’s campaigns, please consult the relevant FAQs.

2.2. You acknowledge that the NFTs offered for sale, as a gift or otherwise transferred by PRADA through the Prada Crypted may be purchased or requested by you in a limited number as set out from time to time by PRADA at its sole discretion. You are furthermore aware that PRADA makes no representations or warranties whether express or implied with respect to the availability on the Prada Crypted (for a specific period of time and/or for quantity) of the NFTs offered for sale or as a gift or otherwise transferable. PRADA reserves the right to vary the NFTs offered for sale or as a gift on the Prada Crypted at any time, without any notice to you.

3.1. You acknowledge that PRADA may gift you an NFT when you purchase a PRADA physical product that is sold on www.prada.com as part of special campaigns launched on www.prada.com. In particular, the gifted NFT will be a GIF of the capsule including the drop serial number and the numbering of each purchased PRADA physical product to have an exact correspondence. To this end, the serial number of the gifted NFT uniquely matches that of the purchased PRADA physical product.

3.2. In order to redeem your NFT as a gift, you are requested to satisfy the following conditions:
a) You have purchased a PRADA physical product belonging to PRADA’s special campaigns that are available on www.prada.com;
b) You have not returned the purchased PRADA physical products during the applicable withdrawal period indicated in the relevant Terms and Conditions of Sale that are available on www.prada.com; and
c) You have a valid digital wallet to be linked to the Prada Crypted as indicated in Section 5 of these Terms.

3.3. If the conditions as per clause 3.2. above are met, in order to redeem the NFT, you have to observe the instructions sent by PRADA via email to the email address communicated by you at the time of the purchase of PRADA physical product which include:
a) The general terms and conditions applied to you for redeeming your NFT as indicated in these Terms;
b) The link necessary to enter the Prada Crypted and connect your digital wallet thereto; and
c) The personal code for the redemption of your NFT.

3.4. Upon the fulfilment of the above conditions and instructions, PRADA confirms to you the transfer of the relevant NFT to your digital wallet.

3.5. Even though the NFT is gifted upon the purchase of a PRADA physical product on www.prada.com as part of PRADA’s special campaigns run therein, after the redemption of your NFT you will then have the opportunity to trade or otherwise transfer your own NFT separately from the purchased PRADA physical product.

4.1. Apart from the possibility to receive the NFTs as a gift as part of special PRADA’s campaigns launched on www.prada.com, NFTs may be also offered for sale by PRADA. You can purchase the NFTs offered for sale on the Prada Crypted according to the modalities specified by PRADA from time to time for any NFTs collection.

4.2. You acknowledge and agree that in case you wish to purchase NFTs, you shall have a digital wallet compatible with the Prada Crypted in order to receive and store your NFTs, as indicated in Section 5 of these Terms.

4.3. You can purchase an NFT by:
a) Submitting a purchasing order and paying the relevant price set out by PRADA; or
b) Participating to an auction for the sale of the NFTs.

4.4. You can purchase only one NFT per time, unless otherwise set out by PRADA as reported from time to time on the Prada Crypted. However, PRADA reserves the right to vary at any time the maximum number of NFTs that you can purchase through the Prada Crypted.

4.5. The NFTs selected by you for the purchase shall be placed into a special section of the Prada Crypted (hereinafter referred to as the “Shopping Bag”).

4.6. To view the NFTs selected and the total price of the purchase order, please visit the Shopping Bag page. The purchasing process allows you to check and amend any errors before submitting your order to PRADA. Please take the time to read and check your order at each stage of the purchasing process. Before confirming the relevant order (hereafter referred to as the “Order”), be careful to check the accuracy of the contents of the Shopping Bag and fill in the Order form in accordance with the instructions provided on the Prada Crypted.

4.7. Before confirming the Order, you are required to confirm that you have read and accepted these Terms and the relevant privacy policy as per Section 14.3. below. At the end of the purchasing process, you should save or print off these Terms for your records. You acknowledge and agree that by submitting the Order, you authorize PRADA to start the execution of the sale contract and of the relevant activities including, among others, the minting of your NFT.

4.8. The purchasing process is completed as soon as you press the relevant final Order confirmation button (hereinafter referred to as the "Buy Button"), thereby validating your Order. The Buy Button implies an order to pay PRADA for the purchase of the relevant NFT. Consequently, you acknowledge to purchase the NFT and pay the relevant amount. In addition, after pressing the Buy Button, the contents of the Order may no longer be modified by you.

4.9. You may have the opportunity to purchase an NFT at auction for which only payments in crypto currency are required and accepted. In case of auction, PRADA only sets the floor price and the purchaser is the last bidder. For further information on the auction process, please refer to the specific Terms and Conditions for auctions that are available on the Prada Crypted. Any auction registered through a valid digital wallet shall be deemed genuine and valid. Auctions are binding and cannot be withdrawn or modified. It is your responsibility to verify if your digital tools are compatible to access to the auction and to take any necessary measure in order to make your digital tools suitable for the access to the NFT auction. PRADA shall have no responsibility in this regard. You agree and acknowledge that PRADA shall have no responsibility also in the event of a technical service interruption that makes impossible to you to access the auction or to operate during the auction period.

4.10. The sale contract by and between PRADA and you shall be deemed to have been executed as soon as the payment process is completed, and any verification as indicated in the below clause 7.4., paragraph c., has been successfully executed. Therefore, PRADA is and remains owner of the NFTs until your payment is successful upon which the ownership has to be deemed transferred to you.

At that moment, PRADA will email you to confirm your purchase (hereinafter referred to as the "Confirmation Email"). The Confirmation email includes the NFT redemption link along with instructions for setting up a digital wallet, if necessary to receive your NFT.

4.11. PRADA reserves the right not to accept the Order placed by you in the following events:
a) there is a dispute between PRADA and you relating to a previous Order;
b) the payment is made in breach of any anti-money laundering laws and regulations;
c) you breached the Terms on previous occasions or have not fulfilled your obligations arising therefrom;
d) You have been involved in, or are suspected of, illegal or fraudulent activities in relation to PRADA.

In such events, PRADA shall inform you by email, within 30 (thirty) days of the date of receipt of the Order, that your Order has been refused and the amount paid for the NFT shall be refunded to you. PRADA shall have no responsibilities for any loss of value of the crypto currency to be returned to your digital wallet, if any.

4.12. You are aware that these Terms will apply only to the purchase of NFTs that are offered for sale on this Prada Crypted and that any purchase of the NFTs made on third parties’ marketplace, if any, will be subject only to the terms and condition set out by such marketplace. Therefore, PRADA will have no control, liability and whatsoever responsibilities for any NFT’s transactions made on any website/marketplace other than the Prada Crypted.

5.1. After the expiry of the return period as per clause 3, letter c), of these Terms or the payment of the relevant price depending on the case, you will receive an e-mail containing a link to the Prada Crypted for your NFT redemption.

5.2. You are aware that to redeem your NFT, you shall have a digital wallet compatible with the Prada Crypted. The wallet is a digital storage that enables you to store and transact with cryptocurrency that you need to own to receive the NFT. Therefore, you need set up your own digital wallet – which equip you with a wallet address, key vault, secure login, and backup options – in order to download the NFT and manage your digital assets securely. In this regard, you acknowledge that the Prada Crypted supports only Web3 MetaMask wallet. For further information on the MetaMask wallet please visit MetaMask website at https://metamask.io.

5.3. In case of gift of the NFT, you can redeem it by:
a) using the link communicated by PRADA via email to the address notified by you at the time of the purchase of PRADA physical product as per clause 3.3. above in order to enter the Prada Crypted and connect your digital wallet thereto; or
b) inserting in the proper box the personal code provided by PRADA. This redemption process does not prejudice the receipt of the purchased PRADA physical product that will be delivered as per standard e-commerce delivery method. For further information on the delivery terms of PRADA physical products, please check PRADA Terms and Condition of Sale that are available on www.prada.com.

5.4 In case you purchase the NFT, you will be enabled to connect your NFT to your wallet as soon as the payment of the relevant price is executed, upon the successful verification indicated in clause 4.10.

5.5. The term within which PRADA makes available to you the NFT purchased, gifted or otherwise transferred is 30 (thirty) days from – in case of purchase of the NFTs – the date of any successful verification of your payment, while from – in case of gifted NFTs – the expiry of the withdrawal period granted for PRADA physical products without having returned the purchased PRADA physical product associated to the relevant NFT, with the exception of events of force majeure.

5.6. In the event PRADA does not make available the NFT purchased or gifted within the above timeframe, you may request that PRADA make available such NFT within an additional time adequate to the circumstances in accordance with the applicable laws currently into force. You shall have in any event the right to immediately terminate the contract if the NFT purchased is not made available within the additional term specified herein.

5.7. For any problem or issue relating to the redemption of NFTs, please contact PRADA's Customer Service.

6.1. Your title on your NFTs does not imply any ownership of the NFTs content which includes any design, artwork, image, photograph, video, signs, names, picture, portraits and whatsoever other material contained in the NFTs (hereinafter referred to as the “NFTs Content”).

As a consequence thereof, PRADA and its licensor, if any, are and will remain the owners of any intellectual property rights in and to the NFTs Content.

Subject to your continued compliance with these Terms, PRADA and its licensors, if any, grant you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the NFTs Content solely for the following purposes:
a) for personal non-commercial use only; and
b) for displaying on third parties marketplace or third party website or application provided that such marketplace or website/application cryptographically verifies and grants only to the actual NFTs’ owner the rights to display the NFTs Content.

6.2. Such rights on the NFTs Content are to be considered granted limited to the time you are owner of the NFTs. Accordingly, the same rights will be considered automatically transferred from time to time with the ownership of the relevant NFTs. PRADA, and its licensor, if any, reserve all rights in and to the NFTs Content not expressly granted to you in these Terms.

6.3. Without prejudice to what is provided for herein, you acknowledge and agree to have no right, title and interest in and to the PRADA trademarks and the relevant distinctive signs and intellectual property rights as well as in and to the NFTs Content which are and will remain owned by PRADA or its licensors, if any.

6.4. You agree that you shall not, nor permit any third party to do or attempt to do, any of the following activities without PRADA’s express prior written consent: (i) alter, cut, disassemble or modify the NFT or incorporate it, wholly or partially, into other digital items; (ii) change, copy and in any way adjust or modify the NFTs Content in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes ; (iii) use the NFTs Content to advertise and promote your products, services and your professional activity or any products, services and professional activity of any third parties nor use it in any way in association with any distribution and sale of such products and services; (iv) use the NFTs Content in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (v) use the NFTs Content in movies, videos, or any other forms of media, except solely for your own personal, non-commercial use; (vi) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain) the NFTs Content, or otherwise commercialize merchandise that includes, contains, or consists of the NFTs Content; (vii) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to NFTs Content; or (viii) otherwise utilize the NFTs Content for your or any third party’s commercial benefit. To the extent that NFTs Content associated with the NFTs contains licensed intellectual property from third parties, including an artist, celebrity, athlete, or other public figure (“Third Party IP”), you understand and agree as follows: (ix) that you will not have the right to use such Third Party IP in any way except as incorporated in the NFTs Content, and subject to the license and restrictions contained herein; (x) that, depending on the nature of the license granted from the owner of the Third Party IP, PRADA may need to pass through restrictions on your ability to use the NFTs Content; and (xi) to the extent that PRADA informs you of such restrictions in writing (email is permissible), you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of this license. The restriction in this Section will survive the expiration or termination of these Terms.

6.5. To the extent that NFTs Content contains Third Party IP, you acknowledge and agree that you will have no right, title and interest in and to such Third Party IP that you can use only as they are incorporated into the NFTs Content, under the conditions provided in these Terms.

6.6. You undertake to use the NFTs Content according to these Terms and, in case of breach of these Terms, to indemnify and hold PRADA and its licensors against any claim, demand and action by third parties as well as any damage, costs, expenses and fine arising out from any breach of these Terms by you.

6.7. Following the transfer of the NFT, you assume all responsibility for any tax obligation to be complied with in your country of residence, including but not limited to the correct tax treatment to be applied to the transfer of the NFT, obligation to file any tax return or communication to the relevant tax authorities concerning NFT and/or related cryptocurrencies, releasing PRADA for all purposes from any liability or obligation.

6.8. Your right to sell or transfer the NFT on a specific platform or market place (i.e. “secondary sales”) is subject to specific conditions defined by PRADA. You acknowledge that in each secondary sale of NFT, you owe a royalty to PRADA which is a percentage of the NFT’s compensation (if any) you receive from the relevant purchaser as defined in accordance with the terms of the smart contract. PRADA would be obliged to issue and invoice charging VAT or similar consumption tax as the case maybe and, to this end, you undertake to give PRADA any information and/or personal data that would be requested in order to issue regular invoice in accordance with the applicable tax legislation.

7.1. The prices of all NFTs offered for sale on the Prada Crypted are inclusive of VAT or any relevant applicable local consumption tax, except for hosting fees, and any other transaction fees, or the gas fees (“Blockchain Fees”) which are excluded and shall be borne by you.

7.2. Every transaction related to the purchase of the NFTs requires the payment of the Blockchain Fees (e.g., the gas fee that should be paid for the registration of the transactions in the Blockchain). In particular, gas fees are the transaction fee paid to the network of computers that run the decentralized Ethereum Blockchain, meaning that you will need to pay a gas fee for each transaction that occurs via the Ethereum Blockchain. This means that you will need to pay such Blockchain Fees for each transaction related to the purchase of the NFTs and that, except as otherwise expressly set forth in these Terms, you will be solely responsible in this regard. Therefore, by buying an NFT, you agree to pay all Blockchain Fees as applicable, which will be automatically charged you or deducted directly from your payment.

7.3. Where applicable, you can purchase the NFTs either in:
a) the local currency specified by PRADA from time to time on the Prada Crypted; and/or
b) the crypto currency specified by PRADA from time to time on the Prada Crypted.

In any case, any PRADA physical product associated with the NFTs can be purchased with FIAT currency only.

7.4. In connection thereof, you agree that:
a) if you purchase the NFTs in the local currency, you will be redirected by PRADA to its service provider in order to process and complete your payment with your credit or debit card and authorize the payment for the purchase;
b) if you purchase the NFTs in crypto currency, you will need to connect your digital wallet and authorize payment for the purchase;
c) any payment both in local currency and in crypto currency will be verified according to PRADA antifraud policy as well as to the applicable anti-money laundering laws and regulations. PRADA can refuse the payment in case of no compliance with such laws, regulations and policy.

7.5. With reference to the payments in the local currency, you acknowledge and agree that only the credit cards and the other payment methods as expressly indicated on the Prada Crypted are accepted for the payment of the price of the NFTs.

7.6. For the purposes of credit card payments, you confirm and warrant that you are the owner of the credit card used for the purchase of the NFTs and the accuracy of all the relevant data entered at the time of purchase, such as: credit card number, expiry date and, if applicable, the security code.

Transaction amounts in local currency shall be charged to you only following:
(i) the verification of the credit card data, and
(ii) receipt from the company issuing the credit card used by you of the debit authorisation.

7.7. With reference to the payments in the crypto currency, you acknowledge and agree that:
a) digital wallets are provided by third parties and not by PRADA which therefore will not have any responsibility and control in relation to such digital wallets and its use by you. Accordingly, these Terms are not applicable to your use of the digital wallet which will be ruled by the terms and conditions provided by the relevant third parties;
b) PRADA does not hold any wallet private keys;
c) your digital wallet public address will be made publicly visible every time you engage in a transaction;
d) third party digital wallet providers may charge you a fee for the service they provide;
e) it is your responsibility: (i) to ensure the compatibility of your digital wallet with the Prada Crypted before purchasing or otherwise receiving the NFTs and (ii) to ensure that the digital wallet is operated and stored in appropriate security conditions. PRADA shall have no responsibility thereto.

7.8. PRADA has no control over the payments process, nor PRADA is in the position to reverse any payments. Therefore, PRADA has no liability to you or to any third party for any claims or damages that may arise as a result of any payments that you execute for the purposes of purchase of the NFTs.

7.9. PRADA reserves the right to modify the prices of the NFTs offered for sale on the Prada Crypted at any time without notice.

7.10. In the event you are subject to the application of any costs connected to the purchase of the NFTs other than the Blockchain Fees, such costs shall be indicated expressly and separately from any other cost or expense upon completion of the filling in of the Order and prior to pressing the Buy Button.

7.11. In the event you cannot be charged the amounts due for any reason whatsoever, the sale process shall be automatically terminated and the sale cancelled, and you shall be subsequently notified accordingly.

7.12. You are aware that the value of the NFTs is subjective and therefore can be volatile. Therefore, you acknowledge that PRADA cannot guarantee that any NFT purchased will retain their original value.

8.1. NFTs are provided “as is”, without warranty of any kind. At the time of the NFTs purchased is made available to you, you are required to check the NFTs Content is consistent with the description provided by PRADA. NFTs are subject to the legal guarantees provided for under the applicable laws, as well as to any additional contractual warranties possibly provided to you, in case of lack of conformity.

8.2. In the event of lack of conformity, you may request the replacement with a new NFT, a reduction in price or the termination of the contract and subsequent refund of the purchase price paid. It is understood that you shall lose such right if you do not notify PRADA the lack of conformity of the NFT within two (2) years from making the NFT available to you.

8.3. In order to notify the existence of lack of conformity and to demand the remedies listed above, you may contact PRADA at the addresses indicated in Section 15 below.

8.4. Nothing in this clause 8 affects the application of mandatory provisions of local consumer law more favourable to you.

9.1. NFTs are unique digital contents. Therefore, given the NFTs digital nature and non-fungibility, meaning the non-interchangeability, of the NFTs, you are informed and acknowledge that the withdrawal right is not applicable to your NFTs under these Terms.

9.2. In addition to the case as per clause 9.1. above, when NFTs are associated to a PRADA physical product, NFTs include a single and a non-replicable code and the serial number of each purchased PRADA physical product to have an exact correspondence. For the purpose of uniquely linking the NFT to the relevant PRADA product, the serial number of each NFT uniquely matches that of the relevant purchased PRADA physical product. Therefore, being NFTs unique digital contents, the withdrawal right is not applicable to NFTs under these Terms.

9.3. In light of clauses 9.1. and 9.2. above, by redeeming your NFT, you waive your right to withdrawal to the extent permitted by the applicable laws. This is without prejudice to the application of the other warranties provided for by these Terms.

9.4. The right of withdrawal cannot be granted for NFTs purchased in the context of a public auction either.

9.5. Notwithstanding the above, this Section 9 of the Terms does not affect any withdrawal right granted to you on PRADA physical products that you purchase in the context of PRADA’s special campaigns run on www.prada.com. For further information on the returns policy applicable to PRADA’s campaigns, please consult the relevant Terms and Conditions of sale that are available on www.prada.com.

10.1. NFTs are minted on the Ethereum blockchain and the drop is facilitated by leveraging the Aura Blockchain Consortium’s NFT Solution and technology. After redemption, the NFT can be shown on the Prada Crypted and stored in a compatible digital wallet with the Prada Crypted, which is Web3 Metmask wallet. For further information on the MetaMask wallet please visit MetaMask website at https://metamask.io. In addition to above, and after having connected your NFT to the digital wallet, your NFT will be automatically visible on OpenSea Marketplace which is a dedicated platform to buy, sell and create a wide range of NFTs. You can find more information on OpenSea Marketplace at the following link https://opensea.io/.

10.2. In any case, the platforms, sites or other resources above are provided solely as your convenience. PRADA has no control over any of these external platforms, sites and resources. Therefore, you acknowledge and agree that PRADA is not responsible for the availability of any of these external platforms, sites and resources. Furthermore, you acknowledge and agree that PRADA is not liable for any loss or damage which may be incurred as a result of the availability or unavailability of such external platforms, sites and resources, or as a result of any reliance placed by you upon the completeness, accuracy, or existence of any advertising, products or other materials on, or made available from, any such external platforms, sites and resources.

11.1. Except in the event of wilful misconduct or gross negligence, PRADA shall in no way be liable vis-à-vis to you for any indirect or consequential damages that may arise from the execution of these Terms.

11.2. NFTs are intangible digital contents that exist by virtue of the ownership record maintained in the Ethereum blockchain. All smart contracts relating to the NFTs exist solely on the Ethereum blockchain. Thus, PRADA has no control over and make no promises or guarantees with respect to the operation or continuation of the Ethereum blockchain or the operation of smart contracts on the Ethereum blockchain. You hereby acknowledge that PRADA is not responsible for and will have no liability for any issues or losses related to the Ethereum blockchain or smart contracts operating in any way not expected. You will be solely responsible for securing your private key. Any party with access to, or a copy of, your private key will be able to transact and take any NFT stored in a digital wallet associated with that private key. You should always keep your private key secure and never disclose it to anyone.

11.3. You agree to indemnify and hold harmless PRADA, its affiliates and their officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, arising out of or in any way connected with (i) your use of the NFTs or (ii) your violation of this Terms or applicable laws.

12.1. PRADA warrants the authenticity and uniqueness of all the NFTs made available through the Prada Crypted.

13.1. These Terms hereof are governed by Italian law and shall be construed accordingly, without prejudice to any other imperative provision of law more favourable to you that is applicable in the country of your habitual residence.

13.2. In the event of a dispute arising from the interpretation and/or application of these Terms hereof, the court of the place where you are domiciled or resident, if located in the EU, shall have exclusive and mandatory jurisdiction. In the event that your domicile or residence is not located in the EU, the Court of Milan will have exclusive jurisdiction on disputes, save for what provided by consumers’ prevailing applicable local laws.

Alternatively, you may opt for one of the out-of-court dispute settlement procedures provided for under the applicable laws currently into force, such as the platform provided by the European Commission, available on the website http://ec.europa.eu/odr.

14.1. PRADA is committed to protecting any Personal or Anonymous Data (as defined below and collectively referred as “Data”), that you may share with PRADA or otherwise PRADA may collect and use in connection with your use of the Prada Crypted. “Personal Data” means data that allows to identify you individually, including, for example, your name, email address, as well as any other information about you that is associated with or linked to any of the foregoing. “Anonymous Data” means data, including aggregated and de-identified data, that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons.

14.2. By using this Prada Crypted you may be requested knowingly and freely to provide some Personal Data, for example when you place a NFT purchase order, redeem the NFT or create an account.

PRADA may also receive Data about you from companies that offer their products and/or services for use in conjunction with the Prada Crypted or whose products and/or services may be linked from the Prada Crypted. For example, third-party wallet providers provide us with your blockchain address and certain other information you choose to share with those wallets’ providers. PRADA may add this to the Data that it has already collected from or about you. Your Personal Data will be processed by PRADA, in its quality as data controller, according to EU Regulation no. 679/2016 ("GDPR") and any other applicable data protection laws.

14.3. You are aware that you are responsible for the accuracy and truthfulness of any Data entered on the Prada Crypted, if any, or otherwise used at the time of, and for the completion of the purchase. By providing your Personal Data you undertake to have read the relevant privacy policy published on the Prada Crypted expressing, when requested, your consent to the Personal Data processing.

15.1. For any complaint, additional information or assistance relating to the Prada Crypted, the NFTs gifting or purchasing process and for any request for information and/or clarifications in respect of these Terms, you may contact the Customer Service by sending an email to the following address client.service.eu@prada.com, or via mail to Via Orobia no. 3, 20139 Milan, Italy, or you may call our international toll-free number +800 800 77232.